Agenda - Council - 08/27/2024 - Laserfiche WebLink

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Commission Business Commissioner Heineman stated that he would be okay with approving the variance for the slab and roof only, insisting that attempts be made to fireproof the posts. He understood that there were a lot of steps missed, but it is also the job of the Commission to consider all aspects. Commissioner VanScoy stated that he attempted to do research on why the setbacks were required, noting the main aspects he found were safety, privacy and aesthetics. He stated that his main concern is safety, and the applicant knows the process for building things and chose not to follow that process. He stated that he does not support the variance as this was built to the property line and impacts the neighbor and neighborhood. Commissioner Peters stated that he does see people park their fifth wheels on grass throughout the community and appreciates that the applicant wanted to do something more to park on a surface. He stated that there were some big steps that were missed that would have prevented this situation and he leans towards the side of Commissioner Heineman that if the sides were removed,he would be open to letting the posts and roof remain. Commissioner VanScoy stated that he does not see any practical difficulties. He stated that his garage being ten feet from another garage is not a practical difficulty as that is Code and there are hundreds and hundreds of homes in the same situation. He stated that regardless of the lack of process he could not find a practical difficulty in this situation. Motion by Commissioner Bauer, seconded by Commissioner Anderson, to deny the variance request for the slab and lean-to structure. Further discussion Commissioner Heineman stated that the practical difficulty in this situation is that there is not another spot on the property where a structure of this nature could be constructed. He stated that if someone wants to invest in their property, reduce blight and improve the land, this would be the logical location. Commissioner Anderson stated that the lean-to could be removed,the slab could be reduced by five feet and the structure could be rebuilt and used without a variance. Commissioner Heineman commented that the trailer would not fit in that scenario. He asked City staff to provide the resident with his options, should this variance be denied. Planning Manager Larson replied that if the Commission denied the variance, the applicant could appeal to the City Council. He stated that the same option would be available to a neighbor, explaining that if the Commission approved the variance and a neighbor did not agree, a neighbor could then appeal the decision and the City Council would hear the request. Commissioner VanScoy stated that it would appear that there would be room for a structure on the east side of the home. Planning Manager Larson stated that he spoke with the applicant last year about potentially constructing a structure in that location, but the structure needs to have the same setback as the home and there would be some sloping as well. He noted that may also require a variance. Commissioner Heineman asked if the utilities are located on that side of the home. Planning Manager Larson stated that typically utilities run direct from the street to the home. Mr. Nagel stated that he looked into building an Planning Commission/July 25, 2024 Page 6 of 7